CPL 30 through 120

Question 1

CPL 30.10: Statute of limitations for CLASS A felony is___________

Answer 1

at any time

Question 2

CPL 30.10: Statute of limitations for B C D or E felony is___________

Answer 2

5 years.

Question 3

CPL 30.30 In felony case, motion to dismiss must be granted if people are notready for trial after
6 month(s) of:
1. arrest?
2. imprisonment?
3. filing of accusatory instrument?

Answer 3

3. filing of accusatory instrument

Question 3

CPL 30.10 T/F? S/L tolls in a criminal case if defendant is outside the state or is whereabouts are
unknown.

Answer 3

true

Question 4

CPL 30.30 T/F? Speedy trial time requirements apply in all cases.

Answer 4

False

Question 5

Which of the following class of offenses is not paired correctly with the period in which the
accusatory instrument must be filed?
A. CLASS A FELONY - at any time.
B. ANY OTHER FELONY - within seven years of commission of felony.
C. MISDEMEANOR - within two years of commission of misdemeanor.
D. PETTY OFFENSE - within one year after commission of petty offense.

Answer 5

B (CPL 30.10)

Question 6

When a defendant is outside NYS or his whereabouts are unknown the statute of limitation tolls
(stops running):
A. until he returns to state or whereabouts are known.
B. for a period of four months.
C. for a period not to exceed five years beyond period otherwise applicable.
D. none of the above.,

Answer 6

C (CPL 30.10)

Question 7

8.Which of the following is false? A motion to dismiss based on speedy trial provision must be granted
where the people are not ready for trial within:
A. six months after filing of accusatory instrument for a felony.
B. ninety days after filing of accusatory instrument (misd. over 3 months).
C. fifteen days after filing of accusatory instrument charging a violation.
D. sixty days after the filing of accusatory instrument (misd. = or less than 3 months).

Answer 7

C (CPL 30.30)

Question 8

Defendant must be released on bail/ROR if people are not ready for trial within:
A. 60 days of commencement of detention (for a felony).
B. 45 days of commencement of detention (for misd. more than 3 months).
C. 15 days of commencement of detention (for misd. 3 months or less).
D. all of above

Answer 8

C (CPL 30.30)

Question 9

Choose the best answer: A motion to dismiss based on people not being ready
for trial (speedy trial) does not apply to:
A. murder in the first degree.
B. manslaughter in the second degree
C. A only.
D. both A and B.

Answer 9

D (CPL 30.30)

Question 10

Which of the following periods for commencement of a criminal action are correct?
1. for all felonies - must be commenced within 5 years 2. for all misdemeanors -
must be commenced within 1 year 3. for all petty offenses - must be commenced
within 6 months
A..1 only B. 2 and 3 only
C. 1 and 2 only D. neither 1 nor 2 nor 3

Answer 10

D (CPL 30.10)

Question 11

CPL 100.05 T/F? The prosecutor’s information and superior court information are filed in superior
courts.

Answer 11

False

Question 12

CPL 100.07 Criminal court and Family Court have concurrent jurisdiction over____________

Answer 12

family offenses

Question 13

CPL 100.10 T/F? Informations cannot serve as the basis for prosecution.

Answer 13

false

Question 14

CPL 100.15 The two parts of an accusatory instrument are the _____ part and the _____ part.

Answer 14

accusatory & factual

Question 15

CPL 100.20 A supporting deposition is filed by ________________________ other than complainant.

Answer 15

By a person other than the complainant (usually the victim)

Question 16

Which is a LCC accusatory instrument?
A. An indictment B. A superior court information C. A felony complaint D. None of the above

Answer 16

C (CPL 100.05)

Question 17

Which is not correct?
A. A police officer can issue a simplified traffic information.
B. A prosecutor’s information is a written accusation by a DA.
C. A felony complaint must charge at least one crime.
D. A misdemeanor complaint can also charge a violation.

Answer 17

C (CPL 100.10) Must charge at least one felony.

Question 18

19.Which of the following statements is false? A. A complaint must specify the name
of the court in which it is filed. B. The accusatory part must designate the
offense(s) charged. C. Accusatory part must contain statement by complainant.
D. A complaint must specify the title of the action.

Answer 18

C (CPL 100.15) Factual part must contain statement by complainant.

Question 19

20.Which is not correct? A. Simplified traffic information can charge a traffic
infraction(s) and/or misdemeanors relating to traffic. B. Simplified traffic
information can only be issued by a police officer. C. Simplified traffic information
is filed with the LCC. D. Simplified traffic information is in a brief & simplified form.

Answer 19

B (CPL 100.10) Can also be issued by other authorized public servant

Question 20

21.Informations, misdemeanor complaints and felony complaints must:
1. specify name of court filed and title of action
2. be subscribed and verified by complainant (as to factual part, based on
information and belief)
3. contain an accusatory part and factual part.
A. 1, 2 and 3 B. 1 and 3 only
C. 2 and 3 only D. 1 and 2 only,

Answer 20

A (CPL 100.15)

Question 21

22.Which of the following choices is not correct? Verification of information,
misdemeanor complaint, felony complaint, supporting depositions may be done:
A. in court in which it is filed or before a notary public B. in front of arresting
police officer C. before a desk officer in charge of police station D. before an
authorized public servant,

Answer 21

B (CPL 100.30)

Question 22

23. (120.10-1) Select the best answer-A warrant of arrest may be addressed to
    (a) a classification od police office, 2 or more classifications of police officers, and individual police officer
    (b) any peace officer
    (c) a police officer or a uniformed court officer
    (d) None of the above is correct

Answer 22

A

Question 23

(120.80-1) A warrant of arrest
(a) may not be executed on Sundays (b) may not be executed on Saturdays or Sundays (c) may be
executed on Sundays (d) may not be executed on a legal holiday

Answer 23

C

Question 24

(120.80-2) (True or False) The officer must have the warrant in his possession

Answer 24

False